Page 1 of 453

VOLUME-I

Page 2 of 453

SECTION-I NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED

(DEPARTMENT OF PROJECT-2) PREAMBLE

TO TENDER NOTICE NO. 224/PR/NBPDCL/2014

FOR CONSTRUCTION OF 33/11 KV Hybrid (Partly outdoor type) POWER SUB-STATION, 33 KV & 11 KV LINE AND ASSOCIATED WORKS ON TURN-KEY-BASIS AT Village- Karna, Block- Parbatta, Dist.- Khagaria IN THE STATE OF BIHAR UNDER STATE PLAN 1.1 General 1.1.1 This tender paper relates to composite work of supply of materials and equipments, Erection, testing

and commissioning of 01 No. 33/11KV P/S/S, 33KV Link Line, and 11 KV Link Line and associated works on TURNKEY BASIS under State Plan.

1.1.2 The total estimated cost of the tender is Rs.679.48 lacs as defined under clause 2.1 The estimated cost has been furnished in the NIT, which is tentative and may vary depending

upon the actual volume of work. However, payment will be made for the actual work done based upon the unit rates. The Company reserves the right to include or exclude any work.

1.1.3 The tenderer should submit their offer for the complete work of the package, subject to fulfillment of the requisite eligibility criteria.

1.1.4 The estimated value is based on the similar work being executed / awarded in different departments of the BSPHCL and its four subsidiaries. The final quantity will depend on the actual survey of lines. The contractor shall be responsible for supply & execution of such final quantities after being authenticated by Engineer-In-Charge for completion of the work and they shall be paid for such finalised quantity as per unit rate indicated in the letter of award/work order.

1.1.5 The Company will provide no foreign exchange or import license to the contractor in connection with this contract.

1.1.6 Full technical as well as financial credentials of the tenderer should be furnished. 1.1.7 The tenderer will be deemed to have made themselves acquainted with any special difficulty

associated with the site and work indicated in the tender including any additional cost or expenses which need to be incurred to ensure full compliance with current statutory regulation in force. The prices quoted shall include the cost of Right of way, way leave, crop/tree compensation etc, if any. However, the necessary charges payable to Railway Deptt. for obtaining approval for Railway Crossing will be borne by the Company. Follow up action will be taken by the contractor.

1.1.8 The tenderer and all others receiving enquiry documents (whether they submit the tender or not) shall treat specification and other documents attached there on as confidential.

1.1.9 The tenderer will hand over the list of their main employees working with the project within 30 days of LOA along with their credentials, address of Office, contact and mail address positively.

1.1.10 The tender price should include all expense relating to labour and shall include shift working, overtime, and incentive etc. to ensure completion of work within the time fixed by the Purchaser / Company.

Page 3 of 453

1.1.11 Any restriction of working hour due to regulation requirement applicable at site shall have to be adhered to by the tenderer. All boarding, lodging, travelling allowance, transportation cost, labour cost etc. shall have to be borne by the tenderer.

1.1.12 No claim on account of labour problems and other types of hindrance in work at site will be entertained by Company.

1.1.13 The tenderer will have to create proper storing facility as well as office facility at site of their own. 1.1.14 The tenderer will have to make their own security arrangement for protection of men and material. 1.2 Technical 1.2.1 The work shall be executed strictly as per specifications, where it is not prescribed in the tender

document, REC specifications should be followed. Specifications beyond tender document and REC, if any, will have to be got approved by NBPDCL.

1.2.2 All equipments to be supplied should conform to REC/BIS specifications with latest amendment. 1.2.3 For any item not covered in REC specifications NBPDCL's specifications shall be adopted. 1.2.4 All clearance as per Indian Electricity Act and modern practices as amended up to date will have to

be achieved and maintained. 1.2.5 Pre-dispatch inspection of materials & equipments shall be carried out as per NBPDCL guidelines.

Materials may be inspected by authorized representative/ authorized agency of NBPDCL either at place of manufacturing or at work site. Company at its own discretion may waive pre-dispatch inspection of material as per requirement.

1.2.6 Complete technical data and particulars of the equipments offered should accompany Part-l of the tender.

1.3 Commercial 1.3.1 The scheme will be funded by State Govt. under State Plan. 1.3.2 Modalities of payment to the tenderer will be as per NBPDCL guidelines. No deviation shall be

allowed.

1.3.3 The tenderer participating in this tender must satisfy the conditions as stipulated in paragraph 4.0. 1.3.4 NBPDCL reserves the right to assess or get assessed the financial and technical capability of the

tenderer independently. 1.3.5 OWNER SUPPLIED ITEMS

If any equipment or material is supplied by the Company, the contractor will have to arrange the loading of material, from the stores of the Company and its safe transportation to the site stores of the contractor. The unloading, storing, security, insurance etc of the Company's supplied materials will be the responsibility of the contractor. The cost of such supplied materials by the Company will be deducted from the contractor's bill. The rates applicable for the purpose of deduction will be the awarded rates or the issue rates of the Company whichever is higher.

The contractor will furnish indemnity bond for safe custody of materials / equipments supplied by the Company.

Page 4 of 453

NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED

(DEPARTMENT OF PROJECT-2)

INVITATION OF BID FOR CONSTRUCTION OF 33/11 KV POWER SUB-STATION, 33 KV & 11 KV

LINES ON TURN-KEY-BASIS IN THE STATE OF BIHAR UNDER STATE PLAN.

2.1 GENERAL Online tenders from experienced and eligible firm / agency / person for construction of 33/11 KV PSS, 33 KV Link Lines and 11 KV Link Lines and allied works on TURN KEY BASIS in Bihar State are invited on behalf of the NORTH Bihar Power Distribution Company Limited., Vidyut Bhawan, J.L. Nehru Marg, Patna.

Sl. No. Name of work Quantity

Estimated value in Lacs.

Earnest Money in Rs. Lacs

1.

Construction of 2 x 5. MVA 33/11 KV Hybrid (Partialy Outdoor Type:- ( with 1 no. incoming and 1 out going 33 KV bay)

Sl. Name of PSS Block District

1. Karna Parbatta Khagaria

1 no. 679.48 11.80

2. 33 KV Link Line with ACSR Dog conductor on 9 M, 400 Kg W/L PSC Pole 30 Kms.

3. 33 KV Bay extension in existing PSS 1 No.

4. 11 KV Link Line with ACSR Rabbit conductor on 8 M, 200 Kg W/L PSC Pole 11 Kms

5. 11 KV Link Line with ACSR Weasel conductor on 8 M, 200 Kg W/L PSC Pole 04 Kms

2.2 The volume of work indicated above are tentative and may vary (+/- 30%). The Company reserves the right to change the volume of work as per requirement to be decided by NBPDCL.

2.3 GENERAL INFORMATIONS 2.3.1 NORTH Bihar Power Distribution Company Limited, herein after called Purchaser /Company/Owner

will receive tenders on turnkey basis for complete work of construction of 33/11 KV P/S/S, 33 KV Link Lines, 11 KV Link Lines, Bay extension and allied works including supply of all related materials as per REC/ Company specification on Turnkey basis for trouble free and successful operation as set forth in this specification. All tenders shall be prepared and submitted in accordance with these instructions after due physical inspection of site. Tenders shall not be accepted after the time and date fixed for receipt of tenders as set out in the tender documents/ NIT.

2.3.2 Online tenders in two parts Containing Technical and Commercial offer (Part-l) and Price Offer (Part-Il) are invited by NBPDCL from eligible, bonafide, resourceful and experienced contractors having sound financial and technical background and management capacity and who have record of successful engineering, manufacturing, supply, delivery, storing, erection, supervision, testing & commissioning of the equipments & materials required for the works herein. The eligibility criteria have been detailed separately in the tender specification.

2.3.3 DETAILS OF TENDER

Page 5 of 453

1 Tender Notice No. 224 / PR/NBPDCL /2014 2 Estimated cost Rs. 679.48 lacs.

3 Cost of Tender document (non refundable)

Rs. 25,000/- to be paid through DD in favour of NBPDCL payable at Patna.

4 Amount of Earnest Money Rs. 11.80 lacs. to be paid through DD or BG in favour of Sr. Manager (F&A), NBPDCL payable at Patna.

5 Online Sale/Download date of tender documents

From 26.11.14(10:00 Hrs.) to 26.01.14 (16:00 Hrs.)

6 Pre-bid conference 05.12.14 at 11:00 Hrs. at NBPDCL Regd. Office Vidyut Bhawan

7 Last date for online submission/uploading of offer/ tender.

18.12.14 at 16:00 Hrs. (www.eproc.bihar.gov.in)

8 Last Date for submission of hard copy of EMD and Cost of Tender document to Sr. Manager, F&A, NBPDCL.

18.12.14 Up to 17:00 Hrs.

9 Date and time of opening of Technical bid

19.12..2014 at 15:00 Hrs.

10 Validity of Bid 180 days from the date of opening of Techno-Commercial Bid.

11 Date, time and place of opening of Financial Bid.

To be informed later to technically qualified Bidders. (www.eproc.bihar.gov.in)

2.3.4 (a) The details of Tender documents alongwith technical specifications etc. are available on website www.eproc.bihar.gov.in , for any support related to e-tendering process, bidders may contact at following address e-Procurement HELP DESK, Contact no.- 0612-2523006, 9939035696.

2.3.5 Bids should be submitted alongwith scanned copies of non refundable Demand Draft towards cost of tender document and DD/Bank Guarantee towards earnest money deposit failing which the tender shall summarily be rejected. The Demand Draft should be drawn in favour of Sr. Manager (F & A), NBPDCL; Patna issued by any Nationalized Bank of India or schedule bank and should be submitted to Sr. Manager (F&A) NBPDCL before opening of bid.

2.3.6 The tender documents are not transferable and the tenders received after expiry of prescribed date and time will not be considered.

2.3.7 Issue of tender specification/documents will not be construed to mean that such tenderers are automatically considered qualified. The Company reserves the right to accept/reject any or all tenders without assigning any reason whatsoever. The Company, however, does not bind itself to accept the lowest tender.

2.3.8 Notwithstanding as stated above, NBPDCL reserves the right to assess the tenderers capacity and capability to perform the contract and relax the qualifying requirements at any stage.

Page 6 of 453

2.3.9 The Company will not be responsible for or pay for expenses or losses, which may be incurred by any tenderer in the purchase and preparation of the tender.

2.3.10 The tenderers shall quote their prices as well as all types of taxes, duties, insurance, freight, octroi, State or local taxes etc. separately.

2.3.11 The prices for each item as per schedule should be furnished along with the tender.The contractor shall supply the necessary drawing /shop drawings and specifications of all parts.

2.3.12 The tenderer will have to provide suitable erection, supervision personnel to supervise the work of erection of the equipment/ lines undertaken by him/them.

2.3.13 The contractor shall quote the price for complete erection, testing & commissioning of the line with all equipments needed for complete works on Total Turnkey Basis.

2.3.14 Tenders not covering the entire scope of work as detailed in the tender specification shall be treated incomplete and hence rejected.

2.3.15 (i) Contractor shall have to arrange his own workshop if required within the work site. (ii) All security arrangement for watch and guard at work site shall be made by tenderer at his own cost.

2.3.16 The following works & services shall also be provided by the contractor. i) Unloading the equipments from the rail or road transport and moving those to storage area.

Demurrage / wharphase charge, if any incurred, shall be paid by the contractor.

ii) Opening of packing cases, inspection and checking of materials for any damage or loss in transit shall be the responsibility of the contractor. All claims with the concerned authorities e.g. rail, transport, insurance etc. shall be lodged by the contractor.

iii) Complete erection of equipments, etc covered under the contract, final preparation for testing, commissioning, final run and acceptance tests and putting the sub-stn./ plant/line into operation.

iv) All consumable stores required for the above erection and commissioning works. v) Watch and guard to ensure security and safety of materials under his custody and at works

site. vi) All erection tools, lifting tackles, also all equipments, tools & tackles for transportation at

site. vii) Third party insurance at site and insurance of personnel employed at site as required under

workman's compensation.

viii) Necessary Engineers and supervision personnel with approved licenses as per provision of IE Rules as amended up to date.

ix) Contractor shall take all safety precautions during work and the workmen must use safety belts, hand gloves, masks and other devices as may be necessary for safety of the personnel.

x) The contractor shall provide operating personnel's during trial tests and till the PSS and the line is taken over by the Company as specified in taking over Clause, defined later.

2.4 Unless brought out clearly, the bidder shall be deemed to conform strictly to the provisions of the bidding documents. All deviations from the specifications shall be clearly brought out in respective schedule of deviations. Any discrepancy between specification and bid if not clearly brought out in the schedule, will not be considered as a valid deviation.

Page 7 of 453

2.5 The respective rights of Company/Purchaser and Bidders / tenderers /contractors shall be governed by the Tender documents/ contracts signed between the Company & contractor.

3.0 SCOPE OF WORK The work is to be taken up on total turnkey basis. This includes engineering, design, preparation of manufacturers works, supply of materials and equipments as per REC/BIS/NBPDCL specifications, loading, unloading, transportation, delivery, storage at works sites, erection and commissioning in all respect of 33/11KV P/S/S, 33KV Link Line, 11 KV Link Line and allied works on turnkey basis and handing over of the same to NBPDCL. Detailed scope of work is specified in the technical specification which interalia includes the followings.

3.1 GENERAL

i) Engineering, design of the project. ii) Identification of materials and equipments required to execute the works contemplated in the

project. iii) Procurement of materials and equipment required for the project as per specification. iv) Storage of materials received and transport of the materials to the working sites. v) Execution of the works envisaged in the project as per specifications given in the tender

specification. vi) Erection, testing & commissioning of contracts works. vii) Preparation of project completion report / closure proposal viii) Handing over the works to the employer for taking into commercial service.

3.2 DETAILS OF PACKAGE The details of package has been furnished in the tender specification .The further details about the PSS and

lines in area shall be furnished by the Electrical Superintending Engineer of the supply Circle and Electrical Executive Engineer of the supply Division under whom the package have been proposed.

3.3 SERVICES i) Detailed survey including route alignment, profiling, pole spotting, check survey for 33 KV and

11 KV Link line. ii) Walk through survey of the electrical network in the project area for Project-2 the execution of

the work. iii) Preparation of all relevant drawings.

iv) Supply of poles, and all accessories. v) Supply of all materials required to complete the project including the materials & equipments

specified in the bill of materials. vi) Supply and erection of earthing materials as specified.

vii) Erection, stringing, sagging, testing and commissioning of all the lines specified. viii) Erection, testing and commissioning of power sub-station, with all accessories.

ix) Supply & erection of lines with towers or cables for River Crossing locations/ Railway crossing locations/crossing of existing lines/crossing of Roads/ crossing of PTCC lines and other places if required.

Page 8 of 453

x) The Right of way, way leave, crop/tree compensation, forest clearance, if any will be the responsibility of the contractor. All expenditures towards the above shall be borne by the contractor/tenderer. However, NBPDCL shall extend all assistance in obtaining the clearances from the Govt. Deptt.

The necessary charges payable to Railway Deptt. for obtaining approval for Railway Crossing will be borne by the Company. Follow up action to be taken by the contractor.

xi) The tenderer will have to carryout the execution of the works as per relevant standards and codes of practices. Although some guide lines have been given with regard to the execution of the works, it remains the responsibility of the contractor to do the works complying to the specifications/ statutory requirements and to the satisfaction of the engineer, conduct the needed site checks and tests (apart from factory tests of materials and equipments) before and after energisation and commissioning of equipment and lines into service before handing over to the Employer for commercial operation.

xii) All the materials and works under the projects will confirm to the specification of 12th plan RGGVY. However in case of any ambiguity or contradiction as mentioned in tender document the technical specification of RGGVY 12th plan will privilege.

xiii) The size of the control room (housing the C&R Panel etc.) and control room building consisting of office room, stores, toilets etc., shall be of minimum size 175 Square meter. The bidder should quote rate for unit square meter as well as amount for total 175 square meter for construction of building inclusive of cost of materials, labor charges etc.

3.4 Any other item of work not specifically mentioned above but is required for erection, testing & commissioning and satisfactory operation of the P/S/S & lines, are deemed to be included in the scope of contractor unless specifically excluded.

3.5 The scope of work shall cover the works in complete conformity with the tender specification and the works specified.

3.6 All civil works required for completion of the work shall be deemed to be included in the scope of work.

3.7 Satisfactory and safe operation of the complete P/S/S & lines shall be deemed to have been included in the scope of the work of the contractor.

4.0 ELIGIBILITY CRITERIA Eligibility of the bidder will be based on meeting the minimum eligibility criteria specified

below regarding the Bidders Technical Experience and financial position as furnished by the Bidder in the corresponding Bidding schedules. The bidder shall also be required to furnish the information specified in the specification in their bid. Tenderer must be a turnkey contractor who is having adequate experience in in-house engineering and design infrastructure facilities, quality assurance and safety setup to carry out similar type of work. Sub contractor's technical experience and financial resources shall not be taken into account in determining the Bidder's compliance with the qualifying criteria. The bid can be submitted by an individual firm or a joint venture of two or more firms. Specific requirements are given below:-

4.1 The bidder. 4.1.1 Must have successfully erected, tested & commissioned at least one sub-station or switchyard of

33/11 KV class having at least three (3) circuit breaker, bays during last five(5) years as on the date of bid opening which must be in satisfactory operation for at least one(1) years as on the date of bid opening.

and

Page 9 of 453

Must have successfully erected, tested & commissioned transmission/ distribution lines of aggregate route length of at least 10 km of 11 KV and /or 33 KV voltage class during last Five (5) years as on the date of bid opening which must be in satisfactory operation for at least one (1) years as on the date of bid opening.

Successful execution of the contract awarded by various customers as well as number of years of satisfactory operation as on date of bid opening must be certified by concerned customers failing which the firm will not be considered eligible to meet the qualifying requirements.

4.1.2 Bids may be submitted by individual firms or Joint Venture firms (having one partner as lead partner) wherein the partners jointly meet the requirement set forth in para 4.1.1 above.

4.2 Only reputed and experienced agency or firms having sound financial/ technical background and management capacity either individually or with associates for undertaking such works need to apply.

4.3 The tenderer must have valid electrical contractor license (H.T) issued by the competent authority in favour of the tenderer. After award of the contract, the tenderer must have valid electrical contractor license (H.T) issued by Govt. of Bihar.

4.4 The tenderer should furnish latest Sales Tax return, EPF code number & PAN Number 4.5 MAAT (Minimum Average Annual Turnover ) of bidder/ tenderer (single or Joint Venture)

should be 50% (fifty percent) of estimated value of project, taken for best three years out of last five financial years. The tenderer should submit audited balance sheet of last five years in support of above.

4.6 LA (Liquid Asset) of bidder/ tenderer (single or Joint Venture) should be 10% (ten percent) of estimated value of project.

The tenderer should furnish certificates, guaranteed by their bankers regarding the credit limit allowed to them and also bankers assessment of their solvency not earlier than three months from the date of tender.

In case of bidder being a holding company, MAAT and LA/ Credit Facility shall be that of holding company only i.e. excluding MAAT and LA/ Credit Facility of its subsidiaries. However, in case of bidder being a subsidiary company, MAAT and LA/ Credit Facility shall be that of subsidiary company only, i.e. excluding MAAT and LA/ Credit Facility of its holding company.

4.7 Joint Venture Firms. 4.7.1 In case, a bid is submitted by a Joint Venture (JV) of two or more firms as partners, the Joint Venture

must comply the following minimum criteria:-.

I) The lead partner shall meet, not less than 40% of the minimum criteria as mentioned under Para 4.5 & 4.6 above for MAAT and LA/ Credit Facility. It should be best out of last three years.

II) Each of the other partner(s) should meet not less than 25% of the criteria as mentioned under Para 4.5 & 4.6 above for MAAT and LA/ Credit Facility. It should be best out of last three years.

III) Joint Venture (i.e., all partners) should satisfy collectively the criteria of MAAT and LA/ Credit Facility. In other words the relevant figures of MAAT and LA/ Credit Facility of each of the partners of joint Venture shall be added together to arrive at the total capacity of Joint Venture.

Page 10 of 453

4.7.2 In case of a Joint Venture, the following conditions shall also apply. 4.7.2.1 The bid and in case of successful bid. the specified form of Agreement shall be signed so as to be

legally binding on all partners (form enclosed.) 4.7.2.2 One of the partners shall be nominated as lead partner, and this authorization shall be evidenced by

submitting a power of attorney signed by legally authorized signatories of all the partners. 4.7.2.3 The lead partner shall be authorized to incur liabilities and receive instructions for and on behalf of

any and all partners of the Joint Venture, and the entire execution of the contract, including payment shall be done exclusively with the lead Partner as per Power conferred to him in the power of Attorney.

4.7.2.4 All partners shall be liable jointly and severally for the execution of the contract in accordance with the contract terms, and a statement to this effect shall be included in the authorization as well as in the bid forms and in the contract forms (in case of a successful bid).

4.7.2.5 Agreement entered into by the Joint Venture Partners shall be submitted with the bid 4.8 The bidder shall also furnish following document details with its bid.

i) A certificate from banker (as per the format) indicating various fund based/non fund based limits sanctioned to the bidder and the extent of utilization as on date. Such certificate should have been issued not earlier than three months prior to the date of bid opening. Whenever necessary NBPDCL may make queries with the Bidder's Bankers.

ii) The complete annual reports together with Audited statement of accounts of the company for last five years of its own (separate) immediately preceding the date of submission of bid.

4.9 In the event the bidder is not able to furnish the information of its own (i.e., separate), being a subsidiary company and its accounts are being consolidated with its group/holding/parent company, the bidder should submit the audited balance sheets, income statements, other information's pertaining to it only (not of its group/Holding/Parent Company) duly certified by anyone of the authority. [(i) Statutory Auditor of the bidder/ (ii) Company Secretary of the bidder or (iii) A certified Public Accountant] Certifying that such information's/documents are based on the audited account as the case may be.

4.10 Similarly, if the bidder happens to be a Group/Holding /Parent company, the bidder should submit the above documents/information of its own (i.e., exclusive of its subsidiaries) duly certified by anyone of the authority mentioned in para 4.8 above certifying that these information documents are based on the audited accounts as the case may be.

4.11 The bidder should provide detailed information on any litigation or arbitration arising out of the contracts completed or under execution by it over the last five years. A consistent history of awards involving litigation against the Bidder or any partner of J.V may result in rejection of bid.

4.12 Any firm participating in this bid jointly with one lead partners in any capacity shall not be associated with any other firm/lead partner quoting for this bid in any capacity (either as Joint Venture Partner or as a sub contractor) Lead partner is also not permitted to quote for this bid separately with different partners as a second bid. This practice means that any lead partner or associate or partner can participate in one and only one bid.

4.13 The tenderers shall include the following information and documents with their tenders in the Performa enclosed. i) Copies of original documents defining the constitution or legal status, place of registration

and principal place of business, written power of attorney of the authorized signatory of the bidder to submit the tender.

Page 11 of 453

ii) Total annual turnover in electrical construction work performed by the tenderer in his own name (not by any other company whose name has subsequently been changed, so as to form the current tenderer) in each of the last five years.

iii) Experience in executing similar turnkey projects (Nature & Volumes) for each of the last five years and details of work in hand and contractual commitments, clients who may be contacted for further information on those contracts.

iv) Qualifications and experience of key site management and technical person proposed for the contract.

v) Reports of financial standing of the Tenderer such as profit and loss statements and auditor's report for the past five years.

vi) A certificate from a bank or reputable firm of accountants conforming the liquidity (liquid asset and credit facilities) of the tenderer at a date one month prior to the last date for submission of tenders.

vii) Evidence of adequacy of working capital for this contract i.e. evidence of access of line (s) of credit and availability of other financial resources.

viii) Authority to seek references from the Tenderers bankers. ix) Information regarding any current litigation in which the tenderer is involved, the parties

concerned and disputed amount.

x) Statement of safety policy and safety statistics for the last 5 years. xi) Copy of QA Certification and associated documentation. xii) Copy of environmental policy.

4.14 Notarized affidavit will be submitted by the bidder alongwith the tender that the bidder has not been black listed by any State Govt./Central Govt. / Govt. undertaking in India.

5.0 DOCUMENTS ESTABLISHING GOOD ELIGIBILITY AND CONFORMITY.

5.1 The Tenderers are requested to furnish a compliance statement along with the technical bid. This statement shall indicate degree of compliance (Fully compliant, partially compliant or non compliant) to all clauses and sub clauses of both Technical specifications and General Terms and Conditions and a cross reference with relevant details to their bid shall also be given by tender.

5.2 The tenderer shall submit a horizontal Bar Chart identifying all major activities, mile stones and time scales to enable him to meet the Time for Completion within 15 days after execution of LOA. This should take account of the programme given in this specification and the tenderer should highlight any difference between this and his proposed programme in his tender submission.

6.0 BASIS OF BID EVALUATION AND COMPARISON 6.1 Bidder has to quote for the complete scope of work under the package as stated in this specification.

Bid for part of the package will not be accepted. 6.2 NBPDCL will examine the bids to determine whether they are complete, whether any computational

errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether bids are generally in order.

6.3 (a) Arithmetical errors will be rectified on the following basis:- If there is a discrepancy between the quoted lump-sum price and the total bid value obtained by multiplying individual item-wise unit price with their respective quantity, the unit price of individual item shall prevail and lump-sum price i.e., total bid value shall stand modified accordingly and the bid will be

Page 12 of 453

evaluated on the basis of so arrived modified lump-sum price. If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept the correction of the errors as above, his Bid will be rejected and the amount of earnest money will be forfeited.

The work will be awarded on the basis of modified lump-sum price but not on the basis of quoted price.

(b)The Bidder should ensure that the prices furnished in various price schedules are consistent with each other. In case of any inconsistency in the price furnished in the specified price schedules to be identified in Bid Form for this purpose, the Employer (NBPDCL) shall be entitled to consider the highest price for the individual item for the purpose of evaluation and for the purpose of award of the Contract / payment for the item, use the lowest of the prices in these schedules.

6.4 The quantities of various items, covered under the package as furnished in the specification which is only provisional. For evaluation purpose the total prices quoted for complete work under package will be considered. The tenderer shall include in the total cost of his tender, the cost of supply and erection & Civil work of whole of the plant, equipments & materials including all types of taxes, duties, insurance, freight, octori, State or local taxes etc.

Since the quantities of items as set out in various schedules would depend upon final survey, the contractor shall be responsible to execute such final quantities of the items and they shall be paid for such actual quantities based on the unit rates incorporated in the contract. For this purpose, unit rates for each items as required in the Bid Proposal sheets are also to be quoted.

6.5 BASIS OF COMPARISON.

6.5.1 Bids shall be compared for award on total lump-sum prices by adding quoted prices as above 6.4 for the entire scope of work under the package and adding capitalization cost of losses of the transformers.

Capitalization cost of losses will be evaluated as per Clause 7.0, Chapter-2, Section-3 for Power Transformer of Volume-II (Technical Specification) of the tender.

6.5.2 Conditional rebates, if any, offered by any bidder shall not be considered in bid evaluation.

7.0 WORK SCHEDULE & TIME FOR COMPLETION OF THE PROJECT 7.1 The completion period of the total turnkey project including Power Sub-Stations & lines covered

under the package shall be twelve (12) months from the date of handing over of land to the bidder. The work of completion of PSS and corresponding lines is to be synchronized so that all works are completed simultaneously.

Simultaneous work should be taken up in all the Power Sub-Stations of the package along with associated lines and other allied works treating them as individual work sites.

7.2 The work shall be considered to be completed only when the Electrical Superintending Engineer under whom the work is being carried out will issue certificate to this effect.

7.3 Strict adherence to the time schedule for performing the works specified in the tender specifications shall be the essence of the contract.

7.4 The Company reserves the right to request for a change in the work schedule during pre award discussions with successful Bidder.

7.5 The contractor shall submit a detailed PERT Network/bar chart within the time frame agreed consisting of adequate number of activities covering various key phases of the work such as design, Procurement, manufacturing, shipment and field erection, testing & commissioning activities immediately after issue of letter of intent for approval by Chief Engineer (Project-2),NBPDCL. This

Page 13 of 453

network shall also indicate the inter face facilities to be provided by the Owner and dates by which such facilities are needed. Finalization of the Network/bar charts will be precondition to issue of letter of award to the contractor. During the performance of the contract, if in the opinion of the Engineers, proper progress is not maintained, suitable changes will be made in the contractor's operations to ensure proper progress without any cost implication to the owner. The interface facilities to be provided by the owner in accordance with the agreed network shall also be reviewed while reviewing the progress of the contractor.

7.6 Based on the above-agreed Network/Bar chart, fortnightly progress report shall be submitted by the contractor as directed by the Engineer/ Company.

7.7 Subsequent to the finalisation of the Network, the contractor shall make available to the Engineer/ Company a detailed programme in line with the agreed Contract Network. Such programme shall be reviewed, up dated and submitted to the Engineer once every, two months thereafter.

7.8 The above bar chart / programme shall be compatible with the owner's computer environment and furnished to the owner on such media as desired by the owner. The details shall also be furnished on C.D as well.

8.0 LIQUIDATED DAMAGES AND STAGE / INTERIM PENALTY FOR DELAY IN COMPLETION OF PROJECTS AND INCENTIVE FOR EARLY COMPLETION.

8.1. For delay/failure in adhering to the specified work completion scheduled, stage penalty shall be levied and recovered from the bills @ 0.1% on account of delay per week on the unexecuted item of the supply or erection/civil works subject to the condition that limit of all penalties for delay shall not exceed the limit of liquidated damage (Maximum 10% of unexecuted part) for delay. This shall be calculated on the basis of program given in Bar-chart/Pert duly approved by Chief Engineer (Project-2) ,NBPDCL as part of contract in synchronization with the milestones given below. The bidders are required to furnish Bar-chart/Pert indicating Milestones with completion on programme for all activities covered in the price schedule for calculation of Stage / Milestone Penalty. The deducted amount towards stage penalty shall be released immediately if that unexecuted item is completed subsequently by the scheduled completion time of project. The delay beyond scheduled period of completion shall be covered under liquidated damage clause.

8.2. Equipment and materials shall be deemed to have been delivered only when all of its components, parts are also delivered. If certain components are not delivered in time, the equipments and materials will be considered as delayed until such time, the missing parts are also delivered.

8.3. Introduction to Manpower The tenderer should furnish the details of manpower of the project team within 15 days of LOA 8.4 Incentive If the contractor achieves completion of the whole of works and takeover of the project, prior to the

project completion schedule or any extension given to them, the employer shall pay to the contractor an extra amount @ 0.25% per week subject to maximum 2%(two) of the contract amount excluding VAT and taxes. This shall be met from the contingency head of the project. Provision of 5 % contingency amount shall be kept in the project. The payment will be done after the release of project completion certificate by employer against the invoice raised for incentive against early completion of project and acceptance of closure report of the project by Employer.

Milestones for submission of bills of supply, erection and civil works S. No Period after award of work

(Date of LOA) Bill submission Schedule

1 4 Months

25% of the awarded work value

2 7 Months 50% of the awarded work value

Page 14 of 453

3 10 Months 80 % of the awarded work value

4 12 Months 100% of the awarded work value

9.0 PRICE

The prices shall remain "FIRM" in all cases. No price adjustment will be allowed. As such tenderer should quote FIRM prices only.

10.0 EARNEST MONEY 10.1 Bid must be submitted with scanned copy of earnest money deposit separately as detailed in clause

2.1 and also given below:- Estimated value (in Rs. Lac.)

Earnest Money (in Rs. Lac.)

679.48 11.80

10.2 The Earnest Money should be deposited in the form of DD/Bank Guarantee in favour of NBPDCL, Patna, issued by any Nationalized Bank of India/ Scheduled Bank in the form specified in the tender document. The BG must be submitted in original to Senior Manager F&A, NBPDCL prior to opening of the bid, failing which the tender will be rejected.

10.3 Cheques /fixed deposit receipts are not acceptable towards deposit of Earnest Money. Tenders accompanied with above (cheques or fixed deposit receipt) on account of Earnest Money will be considered as without Earnest Money.

10.4 No Earnest Money will be accepted after opening of tender. 10.5 The Earnest Money deposit will be refunded to each of the unsuccessful tenderer on applications. In

the case of the successful tenderer or tenderers it will be retained and no interest on Earnest Money will be payable.

10.6 After finalizing the tender, LOA will directly be issued to successful tenderer with 30 days time to execute the agreement and to submit a contract guarantee as specified in the tender documents. In the events, the successful tenderer fails to sign the contract agreement with NBPDCL within 30 days and fails to submit the contract guarantee as specified in this tender document, 15 days notice will be given and after which LOA may be cancelled. And in that in case, Earnest Money deposited will be forfeited to compensate damage to NBPDCL. The earnest money may also be forfeited if bidder withdraws the bid validity specified by the bidder. The Earnest Money of the successful tenderer shall be returned after furnishing the contract guarantee and execution of the contract agreement.

10.7 The Earnest Money in the shape of Bank Guarantee, in original, shall be submitted to the CE (Project-2) up to 20.10.2014 by 17.00 Hrs. Scanned copy of the Bank Guarantee of Earnest Money shall be submitted with the tender document.

10.8 Any bid/tender not accompanied by Earnest Money will be rejected as non-responsive.

Page 15 of 453

10.9 The bidder shall furnish the bank guarantee against the Earnest Money as part of its bids for the amount as specified above which shall be valid for a total period of 240 (Two hundred forty) days from the date of opening of technical and commercial bid. i.e. 60 days beyond the bid validity period as mentioned in 10.12

10.10 This Earnest Money/B.G/Bid guarantee is required to protect the Company / Owner against the risk of bidder's conduct which would warrant the guarantee forfeiture under the conditions detailed in the specification. This guarantee shall be made payable to the Company /Owner without any condition whatsoever.

10.11 The bid validity shall be 180 days from the date of opening of the technical and commercial bid. CONTRACT GUARANTEE or BID GUARANTEE (Contract Security Deposit)

The successful bidder shall furnish to the Employer a Contract Guarantee against the contract as per the terms prescribed below.

11.1 An amount of 10%(ten percent) of total contract value (supply & erection) will have to be deposited by the successful tenderers in shape of BG to guarantee faithful execution of the contract as contract guarantee/ Security deposit.

11.2 The amount of security money so deposited shall be refunded after successful completion of the entire work & taking over of the project & submission of performance guarantee. The successful bidder, after receipt of LOA, will furnish the aforesaid BG within 30 days period prior to execution of the agreement. If there is delay beyond the specified period in submission of contract guarantee. BG, 15 days notice will be given and after which NBPDCL may entail cancellation of letter of award and forfeiting of Earnest Money/bid guarantee as also detailed under Earnest Money clause.

11.3 Validity of Bank Guarantee /security deposit will be 60 days beyond schedule completion period of the

project and will be extended till actual successful completion of the entire work and taking over of the project and submission of performance guarantee.

12.0 Performance Guarantee:- The performance guarantee shall cover the following guarantee , to the Owner.

12.1 The successful bidder guarantees the successful and satisfactory operation of the equipment furnished and erected under the contract, as per the tender specification.

12.2 The Successful bidder further guarantees that the equipment provided and installed by him shall be free from all defects in design, material and workmanship and shall upon written notice from the Owner, fully remedy free of expense to the Owner/ such defects as developed under the normal use of the said equipment within the period of guarantee specified in the tender specifications.

12.3 The contract performance guarantee is intended to secure the performance of the entire contract. However, it is not to be construed limiting the damages under performance guarantee clause and damages stipulated in other clauses in the tender document.

12.4 The Bank Guarantee shall be issued from a Nationalized Indian Bank/ Scheduled Bank acceptable to the Owner and shall become acceptable to the NBPDCL only after verification by a competent authority/ officials of the NBPDCL

Page 16 of 453

12.5 To ensure satisfactory performance of works upto the guarantee period, the contractor shall, after the work is fully completed, furnish Bank Guarantee of the amount of 5% (Five percent) of the value of the order (supply and erection plus civil work). In case some items have guarantee period more than that of project, corresponding Performance BG will require to be submitted and the Security BG would be released only after receipt of such BG.

The validity of Bank Guarantee will be 60 days beyond guarantee/warrantee period of the project/equipment.

12.6 On due performance and execution' of the order in all respects, the BG will be returned to him without any interest and on presentation of "No Demand Certificate."

13.0 Payment:-

The payment to the contractor for execution of the contract will be made by the Sr. Manager (F & A), NORTH Bihar Power Distribution Co. Ltd. as per the conditions specified hereunder. The final payment will be made on successful completion of all works and on fulfillment by the contractor of all his liabilities under the contract.

13.1.1 Advance Payment (Optional):- For Supply items:-

Interest bearing mobilization advance @ 10% of the contract value of ex works component of supply portion shall be paid after contract agreement is signed against submission of an irrevocable Bank Guarantee of 100% of the value of mobilization advance issued by any Nationalized Bank or Scheduled Bank to the satisfaction of NBPDCL. The Bank Guarantee shall be valid upto scheduled completion period which will be extended till recovery of entire advance amount. The advance shall be deducted on pro-rata basis from the running bills of the contractor. At a later stage, if the contractor deposits revised irrevocable B.G. corresponding to balance mobilization advance, the same shall be accepted and the original/previous B.G. shall be released.

The mobilization advance shall be released on presentation of the following documents:

1) Contractors Request Letter for Mobilization Advance along with the invoice

2) Execution of the agreement by the Contractor

3) Submission of Irrevocable Bank Guarantee as above

4) Detailed PERT Network/Bar chart and its approval by the Employer

In case, the contractor opts for this interest bearing advance payment, the same shall be paid to the

contractor on fulfillment of above condition and interest on monthly outstanding amount of

mobilization advance will be charged considering the rate of interest as per the state bank advance

rate(SBAR) prevailing as on thirty(30) days prior to bid opening date. The monthly outstanding

amount for the purpose of the calculation of the interest shall be worked out at the end of each

calendar month against the progressive payment for the work done.

Page 17 of 453

The Contractor shall have to furnish utilization certificates of mobilization advance with a copy of invoices .

This payment is an optional payment. In case, the Contractor opts not to take advance as above, it would be mandatory for him to submit the documents listed at Para 13.1.1 (2) , 13.1.1 (3) & 13.1.1 (4) above within thirty (30) days of issuance of Notification of Letter of Award.

13.1.2 Progressive Payment:-

An interim payment of 80 % (eighty percent) ** of the price components of supply portion shall be

made on the basis of actual supply made as per the bill duly verified and admitted by the Engineer-

in-Charge and countersigned by the concerned Electrical Superintending Engineer or officer

authorized by NBPDCL after deduction/adjustment of the Mobilization advance on pro-rata basis

and also on submission of documents indicated herein under subject to the conditions laid down in

under noted sub-Para-(i) to (iv):-

(a) Certification of receipt of material at site by the Engineer of the Owner. (b) Contractors detailed invoice & packing list identifying contents of each shipment. (c) Insurance policy/certificate (d) Manufacturers/Contractors guarantee certificate of Quality. (e) Material Inspection Clearance Certificate (MICC) for dispatch issued by the Employers

representative and the Contractors factory inspection report. (f) Test certificate

.

A.3- The payment as for supply of materials shall be made till 50% payment milestone for supply is achieved. Thereafter payment against supply portion will become eligible upon completion of 40% erection work in that unit at which A "Unit" is defined as combination of certain supply and erection schedules.

In case, the Contractor opts not to take interest bearing advance then this payment shall be 90%

instead of 80%. a) The useful section means that portion of the Unit which enhances the reliability of power

supply the capacity of distribution system.

b) For this project, following Units have been constituted.

Unit 1: Supply & erection work related to New 33/11 kV Power Substations with its associated new 33 KV and 11 KV Lines.

a) Unit 1 consists of erection of certain number of new 33/11 kV Power Substations. For example, if four (4) nos. of new 33/11kV power substations are identified for erection in any tender; then the contractor on completion of 2 Nos. of new 33/11 kV Power Sub-stations (i.e. 50% of 4 nos. of power substation) in all respect shall be eligible for payment towards supply of material beyond 50% for unit 1. However, the progressive payment towards supply portion items, beyond 50%,

Page 18 of 453

shall be released to the Contractor after converting such power substations into Useful completion of work of associated 33 kV incoming lines and 11 kV outgoing feeder.

Erection means installation of all the components mentioned in unit The Progressive payment to be given up to 50% of the supply of materials and, beyond 50%, 40% erection work is to be completed as defined unit wise as above. The payment shall be restricted up to 80% of interim payment.

Further, payment for remaining 20% of supply portion for a particular unit shall be released on completion of 75% of total erection of that particular unit. The concept of 75% erection shall conform to as considered for 40% erection as explained above.

A.4. Erection Price Component (including civil works):

(i) Advance Payment (Optional) ***:-

Interest bearing mobilization advance @ 10 % of contract value for erection items (including civil items) shall be paid after contract agreement against Bank Guarantee of 110% of the value of mobilization advance issued by any Nationalized Bank or Eligible Scheduled Bank as per list. The validity of Bank Guarantee will be scheduled completion period which will be extended till recovery of entire advance amount.

The advance shall be deducted on pro-rata basis from the running bills of the contractor. At

later stage, if the contractor deposits revised B.G. corresponding to balance mobilization advance, the same shall be accepted and the original/previous B.G. shall be released.

The mobilization advance shall be released on presentation of the following documents:

(a) Submission of detailed invoice for advance payment. (b) Establishment of Contractors site offices, and certification by Engineer-in-charge that

satisfactory mobilization for erection exists. This payment is an optional payment.

80% (eighty percent) *** of the erection price component will be paid on progressive basis depending on the actual work done as against each completed erection activity and as per the bill duly verified and admitted by the Engineer-in-Charge and countersigned by the concerned Electrical Superintending Engineer of electric Supply Circle and after deduction / adjustment of the Mobilization advance and interest on pro-rata basis. The assets register is mandatorily to be submitted along with the bill for capitalization of assets.

*** In case, the contractor opts not to take advance then this payment shall be 90% instead of 80%. In case the Contractor opts to take advance, after adjustment of advance the interim payment limit will increase to 90% instead of 80% of erection price component. (iii) The balance 10 % (ten percent) of the erection price component shall be paid after successful completion of testing & commissioning of the lines, substations, taking over of works as per scope of the tender and issuance of taking over certificate by Engineer-in-Charge and acceptance of closure proposal.

Page 19 of 453

The above retention amount may be released on request of contractor against submission of Bank guarantee of equivalent amount which will be valid upto two months beyond completion and taking over of the project and will be extended upto two months beyond acceptance of closure proposal of of the project.

Note: Commissioning, for the purpose of payments shall mean satisfactory completion of all supplies, erection, commissioning checks and successful completion of all site tests and continuous energisation of the equipment/materials at rated voltage as per the Contract and to the satisfaction/approval of the Employer.

Note: Payment towards Taxes and Duties

Taxes and duties, applicable as per Indian Tax laws, in respect of direct transaction between NBPDCL and the contractor and to be reimbursed by NBPDCL as per the contract, will be reimbursed on receipt of materials and equipments in good condition against documentary evidence. Entry tax/ octroi is to be borne by SBDPCL as per Contract.

Payment towards taxes & duties shall be released by NBPDCL directly to the Contractor against invoices along with documentary evidence, to be submitted by the Contractor as specified in the Contract.

13.6 Mode of Payment

13.6.1 Payments shall be made promptly by the Employer after receipt of Contractors invoice complete in all respects and supported by the requisite documents and fulfillment of stipulated conditions, if any. All the payments made during the contract shall be in INR on account payment only.

13.6.2 In case the Contract is awarded on a joint venture, the Advance Bank Guarantees as well as Contract Performance Guarantees referred above shall be in the name of the Joint Venture covering all the partners of the Joint Venture and not in the name of the Lead Partner or any partner (s) of the Joint Venture alon13.7 Route Identification and Alignment. Route Identification and alignment of existing and proposed lines will be carried out by the contractor in consultation with NBPDCL and approval thereof.

13.8 TYPE TEST CHARGES. Only type-tested equipments shall be acceptable by the Owner. In case the type test of any equipment will be required to be repeated as per instructions of the Owner against already type tested equipments, then type test charges shall be paid by the Owner as per actual.

14.0 ERECTION INSURANCE In additions to conditions specified in the tender specification in various other clauses following shall also apply.

14.1 AII the equipments and materials being supplied by the contractor shall be kept completely insured by the contractor at his cost from the time of dispatch from the contractor's/sub vendor's works, up to the completion of erection and final checking, testing and commissioning, at site and taking over of the project by the Employer.

14.2 Further, all the equipments and materials being supplied by the Employer /Owner/ Company (herein after to be referred as Employer supplied items) for the performance of the works shall be kept insured by the contractor against any loss, damage, theft, pilferage, fire etc for the complete period of storage, erection and commissioning up to the time of taking over of the works by the Employer. The premium paid to the Insurance Company for this purpose shall be reimbursed by the Employer to the contractor against documentary proof by the contractor. The contractor shall obtain competitive quotations for such insurance and shall take prior approval from the Employer before taking the insurance, The insurance cost caused by the Employer supplied items shall not be included in the price to be given in schedule of prices.

Page 20 of 453

It will be the responsibility of the contractor to lodge, pursue and settle all claims with the Insurance Company in case of any damage, loss, theft, pilferage or fire and the Employer shall be kept informed about it. The contractor shall replace the lost/damaged materials promptly irrespective of the settlement of claim by the underwriters and ensure that the work progress is as per agreed schedule. The losses, if any, in such replacement will have to be borne by the contractor.

15.0 RECONCILIATION OF ACCOUNTS The contractor shall prepared and submit every three months statement covering payments claimed and the payments received vis--vis the works executed, for reconciliation of accounts with the employer. The contractor shall also prepare and submit a detailed account of employer issue materials received and utilized by him for reconciliation purpose in a format to be discussed and finalized with the employer before the award of contract.

16.0 VALIDITY OF TENDERS/BIDS 16.1 The tenders/bids submitted shall remain open for acceptance by the Purchaser/Owner/ Company for a

period of 180 days from the date, the Part-I i.e. Technical and Commercial Part of tenders are opened during which period the tenderer shall not withdraw his offer or amend, impair or derogate there from.

16.2 A bid valid for a shorter period will be rejected by the owner as non-responsive. 16.3 In exceptional circumstances the Owner/Company may solicit the Bidder's consent for extension of

the validity period. The Bank Guarantee submitted against Earnest Money as bid security under clause -10 shall also be extended by the same period.

16.4 A bidder granting the request will not be required or permitted to modify its bid.

17.0 GUARANTEE 17. 1 The contractor shall guarantee in respect of the complete power sub-stations and lines including all

plants, equipments and materials to be supplied by him and the works executed by him as following:-

i. Complete power sub-stations and associated lines including all equipments shall be free from any defect due to faulty design, defective materials and/or work man-ship.

ii. The power sub-stations and lines including all equipments shall operate satisfactorily and the performance and efficiency of the equipments shall not be less than the respective guaranteed particulars.

iii The efficiency, temperature rise, transformer losses and other performance data furnished for the equipment.

17.2 The contractor shall warrant that the equipments will be new, unused and in accordance with the contract documents and free from defects in material and work man-ship for a period of twelve (12) calendar months commencing immediately upon the satisfactory commissioning. The contractor's liability shall be limited to the replacement of any defective parts in the equipment of his own manufacture or those of his sub contractors, under normal use and arising solely from faulty design, materials and/or workmanship provided always that such defective parts are repairable at the site and are not in meantime essential in the commercial use of the equipment. Such replaced/defective parts shall be returned to the contractor unless otherwise arranged. No repairs or replacement shall normally be carried out by the Engineer, when the equipment is under the supervision of the contractor's Supervising Engineer.

Page 21 of 453

17.3 In the event of any emergency where in the judgment of the Engineer, delay would cause serious loss or damages, repairs or adjustment may be made by the Engineer or a third party chosen by the Engineer without advance notice to the Contractor and the cost of such works shall be paid by the contractor. In the event such action is taken by the Engineer, the Contractor will be notified promptly and he shall assist wherever possible in making necessary corrections. This shall not relieve the contractor of his liabilities under the terms and conditions of the contract.

17.4 If it becomes necessary for the contractor to replace or renew any defective portions of the works, the provision of this clause shall apply to portion of the works so replaced or renewed until the expiry of twelve (12) months from the date of such replacement or renewal. If any defects are not remedied within a reasonable time, the Engineer may proceed to do the work at the contractor's risk and cost, but without prejudice to any other rights which the Owner/Company may have against the contractor in respect of such defects.

17.5 The repaired or new parts will be furnished and erected free of cost by the Contractor. If any repair is carried out on his behalf at the site, the Contractor shall bear the cost of such repairs.

17.6 The cost of any special or general overhaul rendered necessary during the maintenance period due to defects in the equipment or defective work carried out by the contractor, the same shall be borne by the contractor.

17.7 The acceptance of the equipments, power sub-stations and associated lines by the Engineer shall in no way relieve the contractor of his obligations under this clause.

17.8 In case of those defective parts which are not repairable at site but are essential for commercial operation of the equipment, the contractor and the Engineer shall mutually agree to a programme of replacement or renewal which will minimize interruption to the maximum extent, in the operation of the equipment.

17.9 At the end of the Guarantee period, the Contractor's liability ceases except for latent defects. For latent defects, the contractor's liability as mentioned in above clauses shall remain till the end of 5 years from the date of completion of Guarantee period.

In respect of goods supplied by sub contractor's to the contractor, where a longer guarantee (more than 12 months) is provided by such sub contractor, the owner shall be entitled to the benefit of such longer guarantees.

17.10 The provisions contained in this clause will not be applicable.

If the owner has not used the equipment according to generally approved industrial practice and in accordance with the conditions of operation specified and in accordance with operating manuals, if any. i) In cases of normal wear and tear of the parts to be specifically mentioned by the contractor in

the offer. 18.0 TAXES, PERMITS AND LICENSES.

The contractor shall be liable and pay all non-Indian taxes, duties, levies, lawfully assessed against the owner or the Contractor in pursuance of the Contract. In addition, the Contractor shall be responsible for payment of all Indian duties, levies and taxes lawfully assessed against the contractor for his personal income and property only. This clause will be read in conjunction with other relevant clause of the tender specifications.

19.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS. 19.1 If during the performance of the contract, the Engineer/Company shall decide and inform in writing

to the Contractor that the Contractor has manufactured any material any equipment or part of the

Page 22 of 453

equipment/material unsound and imperfect or has furnished any equipment inferior to the quality specified, the contractor on receiving details of such defects or deficiencies shall at his own expense, within 7 (Seven) days of his receiving the notice, or otherwise, within such time as may be reasonably necessary for making it good, proceed to alter, reconstruct or remove such works and furnish fresh equipment/materials up to the standards of the specifications. In case, the contractor fails to do so, the Engineer may on giving the contractor seven (7) days notice in writing of his intentions to do so, proceed to remove the portion of the works so complained of and at the cost of the contractor perform all such work or furnish all such equipment/material provided that nothing in this clause shall be deemed to deprive the Owner/Company of or affect any right under the contract which the owner may otherwise have in respect of defects and deficiencies.

19.2 The contractor's full and extreme liability under this clause shall be satisfied by the payment to the owner of the extra cost, of such replacement procured including erection as provided for in the contract, such extra cost being the ascertained difference between the price paid by the Owner for such replacements and the Contract price by portion for such defective equipment/ materials/work and repayment of any sum paid by the Owner to the Contractor in respect of such defective equipment/material. Should the owner not so replace the defective equipments/materials, the Contractor's extreme liability under this clause shall be limited to repayment of all sums paid by the owner under the contract for such defective equipment/materials.

20.0 IMPORT LICENSE AND FOREIGN EXCHANGE. No foreign exchange or import license will be provided to the contractor in connection with this contract.

21.0 CONTRACTOR'S DOCUMENTS, DRAWINGS AND INSTRUCTIONS MANUAL

The Contractor shall be responsible for developing detailed drawing to adopt power sub-stations and associated lines along with equipments and materials to the requirement as indicated.

22.0 MISTAKES IN DRAWINGS The Contractor shall be responsible for and shall pay for any alterations of the work due to any discrepancies, errors of omissions in the drawings or other particulars supplied by him whether such drawings or particulars have been approved by the Company or not.

If any dimensions figured upon a drawing or a plan differ from those obtained by scaling the drawing or plan, the dimensions as figured upon the original drawing of plant shall be taken as correct.

23.0 MATERIALS AND WORKMANSHIP. All materials used in the manufacture of the equipment shall be selected from the best available for the purpose, considering strength, durability and best available engineering practice. Liberal factors of safety shall be used throughout the design and specially in the design of all parts subject to alternating stressed or shocks. All the works shall be performed and completed in thorough workmanship like manner and shall follow the best modem practice in the manufacture of high-grade equipment not withstanding any omissions in the specifications. Casting shall be free from blowholes, flaws, cracks or other defects and shall be smooth, close gained and true forms and dimensions. No plugged or filled-up holes or other defects will ordinarily be allowed. Such castings are liable to be rejected.

However, the Contractor may rectify minor castings defects by welding or other methods in accordance with the standard manufacturing practice provided such rectification does not affect the

Page 23 of 453

strength of the casting or impair the efficient working of the plant and prior approval of the Purchaser is obtained for the same.

24.0 COMPLETENESS OF EQUIPMENT : The equipment shall be complete in every respect with all mounting, fixtures and standard accessories,

which are normally supplied even though not specifically detailed in the specification. The Contractor shall not be eligible for any extra payment in respect of such mountings, fittings, fixtures and accessories which are needed for safe operation of the equipment as required by applicable codes of the country though these might not have been included in the contract.

All similar components parts of similar equipment supplied shall be interchangeable with one another. The various equipment to be supplied under this contract shall be subject to the Purchaser's approval.

25.0 INSPECTION AND TESTING AT CONTRACTOR'S PREMISES: 25.1 Level-1 Inspection

The following equipment/ materials shall be inspected by the owner at manufacturer/ supplier premises before its dispatch. A prior notice of 15 days from the inspection date(s) shall be required from contractor. a. Energy meter & CMRI b. Transformer, CT, PT c. Insulator (HV type) d. Cables (HT and LT) e. Conductor f. VCB g. A.B. Switch h. PSC pole Level-2 Inspection The following equipment / materials shall be offered for inspection at manufacturer /supplier premises with prior notice of twenty one days. In case, the inspection is not conducted by owner within stipulated time, the contractor shall have option to dispatch equipment / materials to site without further confirmation and associated Customer Hold Points (CHP) will be read as Test Certificates (TCS) for equipment acceptability. This condition will no way absolve the responsibility of contractor to provide equipment / materials as per requirement of contract. The dispatch document shall include test reports and other documents as stipulated in the contract. a. HG Fuse / DO Fuse b. Distribution Box c. Lightening Arrestor d. Control and Relay panel e. Battery charger f. Earthing materials g. G.I. Items h. M.S. fabricated items i. Danger Board / sign Board j. Nuts & Bolts k. PVC spacers l. Preformed Jointing sleeves m. ABC accessories n. Guy & Shackle insulator o. Al. binding wire/ barbed wire

Page 24 of 453

p. Preformed insulator binding q. Lamp holder & switch (5A), Light fittings r. PVC pipe (all sizes) s. Battery set

25.2 During the course of manufacturing the Employer or his authorized representative shall have access to supplier / sub-suppliers works at all reasonable times for the purpose of witnessing the manufacturing, inspection and testing of all components sub-assembly and assembly.

25.3 Before using the inspection call the supplier shall ensure that all the materials for the lot to be inspected is ready in all respects. If at the time of visit of inspector the supplier fails to offer the material as per lot of the supply order or some of the tests are not conducted or any items / equipment is found defective and would need reoffering at a later date thereby requiring additional visit of the inspector, the expenditure incurred by NBPDCL towards the visit of the inspector shall be charged to the supplier as per NBPDCL rules and same shall be recovered from his bills.

25.4 All the materials furnished shall be of tested quality and subject to rigid inspection and testing as specified in the Technical Specification and REC/international standard. No material shall be dispatched until all tests, analysis and shop inspection have been completed and certified copies of results of tests, analysis have been accepted and dispatch instruction issued by the inspector.

25.5 The Company reserves the right to outsource the pre-dispatch inspection of materials wholly or partly and also for waival of inspection, if so needed.

26.0 TESTS ON COMPLETION AND COMMISSIONING AT SITE: 26.1 All tests on equipments at works shall be carried out before dispatch as per technical specifications &

standards like I.E.C., Indian Electricity rule, I.S. S. etc. 26.2 All pre-commissioning test of all equipments and plants shall be carried out at site as per the specifications and standard, I.E.C. specifications, Indian Electricity rule, I.E.C., REC specifications etc.

26.3 Inspection and tests at site during erection and on completion of erection shall he carried out under supervision of Contractors engineer in presence of the Company's representative on any plant and/or equipments to satisfy the guaranteed performance of each equipment and the whole installation. Immediately after the plant & equipment is ready for commissioning, it shall be put on trial load for two weeks to furnish proof of satisfactory working and performance.

26.4 The contractor shall give to the Engineer 21 days notice of the date after which he will be ready to make the Tests on completion (herein after called as the Tests) unless other wise agreed, the tests shall take place within 14 days after the said date on such day or days as the Engineer shall notify the contracts.

26.5 If the tests are being unduly delayed by the contractor, the Engineer may by notice require, the contractor to make the tests within 21 days after the receipt of such notice. The contractor shall make the tests on such days within that period as the contractor may fix and of which he shall give notice to the Engineer.

If the Contractor fails to make the Tests within 21 days, the Engineer may himself proceed with the tests. All tests so made by the Engineer shall be at the risk and cost of the contractor and the cost there of shall be deducted from the contract price. The tests shall then be deemed to have been made in the presence of the contractor and result of the tests shall be accepted as accurate.

26.6 It the works or any section fails to pass the tests, the Engineer or the contractor may require such tests to be repeated on the same terms and conditions. All costs to which the Employer may be put by the repetition of the tests under this sub clause or under other relevant clause shall be deducted from the contract price.

Page 25 of 453

26.7 If the Engineer and the Contractor disagree on the interpretation of the test results, each shall give a statement of his views to the other within 14 days after such disagreement arises. The statement shall be accompanied by such evidence.

26.8 If the works or any section fails to pass the tests on the repetition there of under clause 26.7, the Engineer, after due consultation with the Employer and the contractor, shall be entitled to

(a) Order one further repetition of the tests under the conditions of sub clause 26.7.

OR (b) Reject the works or section in which event the Employer/Purchaser shall have the same

remedies against the contractor as are provided under sub clause regarding failure to remedy defects.

OR (c) Issue a taking over certificate, if the Employer/Purchaser/ Company so wishes, not

withstanding the works are not complete. The Contract price shall then be reduced by such amount as may be agreed by the Employer and the Contractor or, failing agreement, as may be determined by arbitration.

26.9 As soon as the works or any section thereof has passed the tests, the Engineer shall issue a certificate to contractor and Employer to that effect.

27.0 TAKING OVER 27.1 The work shall be taken over by the Employer when they have been completed in accordance with

the contract, except in minor respects do not affect the use of the works for their intended purpose, have passed the Tests on Completion and a taking over certificate has been issued or deemed to have been issued in accordance with subsequent clause 27.2. The Contractor shall furnish completion report, abstract statement of details of power sub-stations, 33 KV lines and 11 KV lines with classification and length.

27.2 When all performance tests and acceptance tests have been successfully carried out for the power sub-stations and lines for satisfactory performance for the period of 2 weeks from the date of commissioning, the concerned Electrical Superintending Engineer shall issue an acceptance certificate and take over the complete project. Issue of taking over certificate shall not absolve the contractor of their / his / her contractual obligation of completing the work of power sub-stations and associated lines for guaranteed operation and performance of the same as per the specifications.

27.3 If the works are divided by the contract into sections, the contractor may apply for separate taking over certificates for each such section.

If the works are not divided into Section, it is at the discretion of the Engineers as to whether parts of the works shall be taken over on their satisfactory completion.

28.0 REJECTION OF DEFECTIVE PLANT AND EQUIPMENT; If the completed plant and equipment or any portion thereof, before it is taken over under clause

"Taking Over" be found defective or fails to fulfill the requirements of the Contract, the engineer shall give the Contractor notice setting forth particulars of such defects of failure and the contractor shall forthwith make good the defective plant/equipment or alter the same to comply with the requirements of the contract at his cost. Should he fail to do so within a reasonable time, the Purchaser may reject and replace at the cost of the Contractor the whole or any portion of the plant/equipment as the case may be, which is defective or fails to fulfill the requirements of the contract. Such replacement shall be carried out by the Purchaser within a reasonable time and at a reasonable price during the period and where reasonably possible to the same specifications and under competitive condition. The Contractor's full and extreme liability under this clause shall be satisfied by the payment to the Purchaser of the original contract price including charges for erection and/or supervision of erection plus the difference, if any, between the replacement price of the equipment including charges and/or supervision of erection and the original contract price including

Page 26 of 453

charges for erection and/or supervision of erection in respect of such defective plant/ equipment should the purchaser not so replace the rejected plant/equipment within a reasonable time the contractor's full and extreme liability under this clause will be satisfied by the repayment of all money paid by the Purchaser to him in respect of such plant.

In the event of such rejection, the Purchaser shall have the right to operate any or all equipments as soon as and as long as it is in operating conditions, to enable him to obtain necessary replacement except that this shall not be construed to permit operation of any equipment which may become damaged by such operation before any required alterations or replacement has been made by the Contractor at such times as directed and in such manner as will cause the minimum interruption in the use of the equipment by the Purchaser. Nothing in this clause shall be deemed to deprive the Purchaser or effect any right under the contract which he may otherwise have in respect of such defects or deficiencies or in any way relieve, the contractor of his obligations under the Contract.

29.0 ENGINEER IN CHARGES DECISION In respect of all matter which are left to the decision of the Engineer-in-Charge, including the granting or withholding of certificates, the Engineer-in-Charge shall, if so required, to do so by the contractor, give in writing decision thereon. Electrical Executive Engineer (Project) of concerned District shall be Engineer-in-Charge.

30.0 CERTIFICATE NOT TO AFFECT THE RIGHTS OF THE PURCHASER OR THE CONTRACTOR No certificate of the Engineer nor any account of payment made by the Purchaser, not any extension

of time for the execution of the works by the Contractor, shall affect or prejudice the right of the Purchaser against the Contractor or relieve the contractor of his obligations for the due performance of the contract or be interpreted as approval of the work done or of the materials supplied and no certificate shall create liability on the Purchaser to pay for alterations, amendments, variations or additional work, not ordered in writing by the purchaser or discharge the liability of the contractor for payment of damages, losses etc. nor shall any such certificate nor the acceptance by him of any sum paid on account or otherwise, affect or prejudice the rights of the Purchaser against the Contractor.

31.0 NEGLIGENCE :

If the contractor shall neglect to execute the work with due diligence and expedition or shall refuse or neglect to comply with any reasonable orders given to him in writing by the Engineer/ Company in connection with the work, or shall contravene the provisions of the contract, the Purchaser may give notice in writing to the contractor calling upon him to make good the failure, neglect or contravention complained of should the contractor fail to comply with such notice within a period considered reasonable by the Purchaser from the date of service thereof, in the case of a failure, neglect or contravention, incapable of being made good within that time, or otherwise within such time as may in the opinion of Purchaser be reasonable necessary for making it good then and in such case the Purchaser shall have the option and be at liberty to take the work wholly or in part, out of the Contractor's hand and may carry on the work envisaged in the contract either by himself or by his agents or may re-contract at reasonable price with any other person or persons to execute the same or any part thereof and provide other materials, tools, tackle or labour for the purpose of completing the works or any part thereof. In such event, the Purchaser shall without being responsible to the Contractor for fair wear and tear of the same, be entitled to seize and take possession and have free use of all materials, tools, tackles or other things which may be available at the site, for use at any time in connection with the work to the exclusion of any right of the Contractor over the same and

Page 27 of 453

the Purchaser shall be entitled to retain and apply and balance sum which may otherwise be than due on contract to Contractor or such part thereof as may be necessary, to the payment of the cost of execution of such work as aforesaid.

If the cost of executing the work as aforesaid shall exceed the balance due to the contractor and the Contractor fails to make good the deficit, the said materials, tools, tackles construction plant/equipment or other things, the property of the Contractor as may not have been used up in the completion of the works, may be sold by the Purchaser and the sales proceeds of such sale shall be paid by the contractor on the certificate of the Engineer, but when all expenses, costs and charges incurred in the completion of the work are paid by the contractor all such materials, tools, tackles, construction plant or other things not used up in the completion of the work and remaining unsold shall be removed by the Contractor .

32.0 POWER TO VARY OR OMIT WORK. No alterations, under the contract shall be made by the contractor except as directed in writing by the Purchaser, but the purchaser shall have full power subject to the provision hereinafter contained from time to time during the execution of the contract by notice in writing, to instruct the Contractor to make such variation without prejudice to the contract and the contractor shall carry out such variations and be bound by the same conditions as far as applicable, as though the same variation occurred in the contract.

If any suggested variations would, in the opinion of the contractor, if carried out, prevent him from fulfilling any of his obligations, or guarantees under the contract, he shall notify the Purchaser thereof in writing and the Purchaser shall decide forthwith whether or not the same shall be carried out and if the Purchaser confirms his instructions, the Contractor's obligations and guarantees shall be modified to such an extent as may be justified.

33.0 TERMINATION OF CONTRACT : At any time during the term of this contract the Purchaser may terminate the contract due to change in

policies of Government of India and/or the State Government or for any other reason, by issuing notice to the contractor to that effect. In respect of such of the materials that is complete and ready for transportation within thirty (30) day after such notice, Purchaser may or may not agree to accept delivery there of at the contract price and terms.

In the event of termination of contract as aforesaid, the Purchaser shall have the absolute right to encash & appropriate all sums pledged by the contractor to the purchaser for the due fulfillment of the contract.

All cost, damages or expenses which the Purchaser might have paid for which under the contract the contractor is liable, may be deducted by the Purchaser from any money due or becoming due to the contractor under the contract, or may be recovered by action of law or otherwise from the contractor.

In the event of recovery to the necessary extent becoming impossible owing to insufficiency of the performance bond and amount with held, the balance due to the Purchaser, may be recovered in any way, the Purchaser may deem fit.

34.0 DEDUCTION FROM CONTRACT PRICE.

Page 28 of 453

Deductions from the contract prices shall be made for the items, which are executed less than the quantity specified in tender/specifications/order.

35.0 SUBLETTING OF CONTRACT 35.1 The contractor shall not subcontract the whole of the works.

35.2 The contractor may subcontract parts of the work/ Facilities with prior written consent of the employer. The rate at which the subcontract is to be given duly accepted by the subcontracting agency should be intimated to the employer.

35.3 Subcontracting does not alter the contractors obligation in any manner and the contractor shall ensure sufficient superintendence as well as impose such terms and condition on the subcontractor as are appropriate to the parts of the works/ Facilities to enable the contractor comply with his obligations under the contract.

35.4 In case of very poor performance, the employer may get the work executed through subcontractor for which the payment may be made to the subcontractor directly, at the rate at which the subcontracting has been made with a maximum of the LOA rate awarded to the agency.

35.5 The contractor shall be responsible for the acts, defaults and neglects of any subcontractor, his agents or employers as fully as if they were the acts, defaults or neglects of the contractor.

36. PATENT RIGHTS : The contractor shall be fully responsible for and wholly indemnify the Purchaser for all cost, damages and losses caused to him for infringement of patent Rights of any, other manufacturer in respect of materials, equipment, design etc manufactured or supplied by the contractor. The forgoing paragraphs state entire liability of the Contractor for patent infringement.

37.0 DEATH, BANKRUPTCY, ETC 37.1 If the contractor shall die or dissolve or commit any act of Bankruptcy or being a Corporation to be wound up except for reconstruction purposes or carry on its business under a receiver, the executors, successors or other representatives in law of the state of the contractor or any such receiver, liquidator, or any person in whom the contract may become vested, shall forthwith give notice thereof in writing to the purchaser and shall for one month, during which he shall take all responsible steps to prevent stoppage of the work, have the option of carrying out the contract subject to his or their providing the